General Terms & Conditions
- Introduction
- These terms and conditions govern your use of our website.
- By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
- If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
- You must be at least 18 years of age to use our website; and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
- Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.
- Copyright Notice
- Copyright (c) 2016 Northcoders Limited.
- Subject to the express provisions of these terms and conditions:
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- we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
- all the copyright and other intellectual property rights in our website and the material on our website are reserved.
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- Licence to use website
- You may, subject to the other provisions of these terms and conditions:
- view pages from our website in a web browser;
- download pages from our website for caching in a web browser;
- print pages from our website;
- stream audio and video files from our website; and
- use our website services by means of a web browser.
- Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
- You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
- Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
- Unless you own or control the relevant rights in the material, you must not:
- republish material from our website (including republication on another website);
- sell, rent or sub-license material from our website;
- show any material from our website in public;
- reproduce, duplicate, copy or otherwise exploit material from our website for a commercial purpose; or
- redistribute material from our website
- Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.
- We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
- You may, subject to the other provisions of these terms and conditions:
- Acceptable Use
- You must not:
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- use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
- use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
- conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
- access or otherwise interact with our website using any robot, spider or other automated means;
violate the directives set out in the robots.txt file for our website; or - use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
- You must not use data collected from our website to contact individuals, companies or other persons or entities.
- You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
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- You must not:
- Your content: licence
- In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
- You grant to us the right to sub-license the rights licensed under Section 8.2.
- You grant to us the right to bring an action for infringement of the rights licensed under Section 8.2.
- You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
- Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
- Your content: rules
- You warrant and represent that your content will comply with these terms and conditions.
- Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
- Your content, and the use of your content by us in accordance with these terms and conditions, must not:
- be libellous or maliciously false;
- be obscene or indecent;
- infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
- infringe any right of confidence, right of privacy or right under data protection legislation;
- constitute negligent advice or contain any negligent statement;
- constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
- be in contempt of any court, or in breach of any court order;
- be in breach of racial or religious hatred or discrimination legislation;
- be blasphemous;
- be in breach of official secrets legislation;
- be in breach of any contractual obligation owed to any person;
- depict violence, in an explicit, graphic or gratuitous manner;
- be pornographic, lewd, suggestive or sexually explicit;
- be untrue, false, inaccurate or misleading;
- consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
- constitute spam;
- cause annoyance, inconvenience or needless anxiety to any person.
- Limited warranties
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- We do not warrant or represent:
- the completeness or accuracy of the information published on our website;
- that the material on the website is up to date; or
- that the website or any service on the website will remain available.
- We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent that these terms and conditions expressly provide otherwise, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
- To the maximum extent permitted by applicable law and subject to Section 11.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
- We do not warrant or represent:
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- Limitations and exclusions of liability
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- Nothing in these terms and conditions will:
- limit or exclude any liability for death or personal injury resulting from negligence;
- limit or exclude any liability for fraud or fraudulent misrepresentation;
- limit any liabilities in any way that is not permitted under applicable law; or
- exclude any liabilities that may not be excluded under applicable law.
- The limitations and exclusions of liability set out in this Section 11 and elsewhere in these terms and conditions:
- are subject to Section 11.1; and;
- govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
- To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
- We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
- We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
- We will not be liable to you in respect of any loss or corruption of any data, database or software.
- We will not be liable to you in respect of any special, indirect or consequential loss or damage.
- You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
- Nothing in these terms and conditions will:
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- Breaches of these terms and conditions
- Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
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- send you one or more formal warnings;
- temporarily suspend your access to our website;
- permanently prohibit you from accessing our website;
- block computers using your IP address from accessing our website;
- contact any or all your internet service providers and request that they block your access to our website;
- commence legal action against you, whether for breach of contract or otherwise; and/or
- suspend or delete your account on our website.
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- Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
- Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
- Variation
- We may revise these terms and conditions from time to time.
- The revised terms and conditions will apply to the use of our website from the date of their publication on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of the terms and conditions.
- Assignment
- You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
- You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
- Severability
- If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
- If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
- Third party rights
- These terms and conditions are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party.
- The exercise of the parties’ rights under these terms and conditions is not subject to the consent of any third party.
- Entire agreement
- Subject to Section 11.1, these terms and conditions, together with our privacy and cookies policy, constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements between you and us in relation to your use of our website.
- Law and jurisdiction
- These terms and conditions shall be governed by and construed in accordance with English law.
- Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
- Our details
- This website is owned and operated by Northcoders Limited.
- We are registered in England and Wales under registration number 09912193, and our registered office is at BLOC, 17 Marble St, Manchester M2 3AW.
- Our principal place of business is at BLOC, 17 Marble St, Manchester M2 3AW.
- You can contact us by writing to the business address given above, by using our website contact form, by email to [email protected] or by telephone on 0333 050 4368.
Student Terms & Conditions
- INFORMATION ABOUT US AND THESE TERMS
- These are the terms and conditions for Northcoders Limited. They set out the basis on which we make available our technology bootcamps for our prospective students.
- We are a private limited company incorporated in England and Wales with company number 09912193. Our registered office address is at Manchester Technology Centre, Oxford Road, Manchester, England, M1 7ED.
- Please read these terms and conditions carefully before you apply for one of our courses. We may amend these terms (and any of our policies referred to in them) from time to time to reflect updates to our courses.
- These Terms and the documents and policies referred to in them establish a legally binding agreement between you and us in connection with your proposed or actual enrolment on one of our Courses.
- We can be contacted in connection with these Terms at our registered office address or otherwise by email at [email protected]. Routine contact in connection with your Course will take place with your tutor, whose contact details shall be provided to you via the Slack System once you have enrolled on the Course.
- Your special attention is drawn to clauses 6, 7, 8, 14, 16 and 19 of these Terms.
- USE OF DEFINED TERMS
- From this point onwards, these terms and conditions make use of the following defined terms:
Application | your application to study on one of our Courses; |
Code of Ethics | means our code of ethics policy, which can be found at https://northcoders.com/code-of-ethics. This may be updated from time to time by us; |
Contract | the legally binding contract between you and us relating to your enrolment on the Course; |
Course / Courses | the technology bootcamp courses that we make available for prospective students from time-to-time, which shall be as initially referred to on our Website, one of which may be subject to your Application; |
Course Fees | the course fees that you are required to pay in order to enrol on one of our Courses; |
Course Materials | any documentation, literature, materials, technology (including, without limitation, software and associated products) we make available to you throughout the Course; |
Curriculum | the curriculum for our Courses, which is available via the Website or otherwise on request; |
events outside of our control | has the meaning given to it in clause 15.1; |
Entry Challenge
Discovery Call |
an entry challenge which shall comprise a technical exercise followed by a discussion with our team, the purpose of which is to determine your suitability for enrolment on the Course; a discussion with our team, the purpose of which is to assess your current level of understanding of programming, and advise on the best course of action to prepare for the Course; a discussion which shall comprise of working through a technical exercise with our team, followed by a discussion, the purpose of which is to determine your suitability for enrolment on the Course; |
Initial Learning Activities | has the meaning given to it in clause 9.1 |
Intellectual Property Rights | patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, Confidential Information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world. |
Northcoders/we/us/our | Northcoders Limited; |
Offer Letter | the letter from us to you which sets out our offer to enrol you on one of our Courses in accordance with these Terms; |
Slack System | our internal communications system, via which we will communicate with you in connection with your Course; |
Start Date | the date on which your Course will start, as set out in the Offer Letter; |
Statutory Cancellation Period | has the meaning given to it in clause 8.1; |
Terms | these terms and conditions, which may be amended from time-to-time in accordance with clause 20.3; |
VAT | value added tax or equivalent sales tax that is chargeable in the UK; |
Website | https://northcoders.com and such other domain(s) and/or platform(s) that we may operate from time-to-time in connection with our Courses. |
- These Terms incorporate the following rules of interpretation:
- The Schedules form part of these Terms and a reference to a Schedule is to a Schedule of these Terms.
- Unless the context otherwise requires, words in the singular include the plural and in the plural include the singular.
- A reference to legislation or a legislative provision is a reference to it as amended, extended or re-enacted from time to time and includes all subordinate legislation made from time to time under that legislation or legislative provision.
- A reference to writing or written excludes fax but not email.
- Where these Terms refer to the Contract that reference is to the Contract formed between you and us following your acceptance of an Offer Letter in accordance with clause 6.
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- OUR COURSES
- Our Courses are described on our Website.
- The Course Fees that you shall be required to pay depend on the Course that you enrol on.
- ELIGIBILITY TO STUDY
- You are responsible for ensuring that you have the right to study in the United Kingdom and, where required, that you have a valid visa in place. You can find out more information about visas at: https://www.gov.uk/student-visa.
- We may require that you produce valid documentation that shows your address (such as, for example, a utility bill, passport or driving licence) and proof of immigration status when completing your Application. We will notify you where this is required.
- If we agree to enrol you on one of our Courses, you agree that you will be required to:
- obtain and use your own PPE (personal protective equipment);
- ensure that you have headphones and personal computing equipment (laptop/desktop) which will permit you to stream online lectures;
- provide your own computer for the duration of the Course (which should have 8gb of RAM, an Intel Core i5 process or equivalent, with a 256 GB hard drive disk, and either an inbuilt or external webcam, or such other operating requirements as we may notify to you). If you are using MacOS (on an Apple computer), some software for our Courses is only compatible with recent versions, so you should ensure that your operating systems are updated before you enrol on the Course. You can read more about this here: https://support.apple.com/en-gb/guide/mac-help/mchlpx1065/mac. If you are using a virtual machine for the course, you may have reduced resources; and
- ensure that you can work comfortably on your computer in accordance with applicable standards relating to posture and health.
- APPLICATION PROCEDURE
- Where you wish to study on one of our Courses you must complete an Application, which is available via the Website.
- You must provide the following information in your Application:
- full name;
- preferred pronouns;
- email address;
- residential address;
- mobile number;
- ethnic origin;
- any special educational needs and disabilities (SENDs); and
- your preferred Course; and
together with such additional information that we may request from you in connection with your Application.
- Where, following our review of your Application, we consider that you may be suitable for enrolment on the Course, we may invite you to complete an Entry Challenge, or Discovery Call and Technical Discussion, the content and forum of which will be communicated to you in advance.
- We may refuse to enrol you on a Course where we consider that you are not suitable for it. By way of example only, the reasons why we may refuse enrolment on a Course include:
- you do not display enough technical knowledge or abilities during the Entry Challenge or Technical Discussion;
- you are unable to explain your answers during the Entry Challenge or Technical Discussion;
- in our reasonable opinion, you have cheated on the Entry Challenge or Technical Discussion;
- you fail to demonstrate an expected level of commitment to your Course;
- you fail to demonstrate an expected level of communication in order to complete your Course;
- you display a poor and/or negative attitude during the Entry Challenge, Discovery Call or Technical Discussion;
- if you represent that you are a Department for Education funded student and the Department for Education fails to provide funding; and
- you act in breach of our Code of Ethics,
however, we reserve the right to refuse enrolment on our Courses for any reason whatsoever at our absolute discretion.
- In determining that you are not suitable for enrolment on a Course we may, at our discretion:
- recommend the completion of additional courses or learning (whether provided by us or by third parties) prior to enrolling on the Course;
- delay your enrolment on the Course until such time as we may determine, in our sole discretion, that you are suitable to begin the Course; or
- reject your Application.
- OFFERS AND ENROLMENT – SPECIAL ATTENTION IS DRAWN TO THIS CLAUSE
- Where, following our review of your Application and your completion of the Entry Challenge, or Discovery Call and Technical Discussion, we consider that you are suitable for enrolment on your desired Course, we may offer to enrol you on the Course by sending you an Offer Letter.
- Your Offer Letter will contain the following information:
- the Course name;
- the Start Date;
- instructions on how to secure your place on the Course;
- the deadline to secure your place on the Course; and
- Entry Challenge or Technical Discussion feedback,
together with such additional information that we consider is relevant in connection with the Course.
- The Offer Letter constitutes a contractual offer from us to you in connection with your enrolment on the Course in accordance with the terms of that Offer Letter and these Terms.
- You can accept the Offer Letter by signing and returning it to us (by email or post) or otherwise by communicating your acceptance of it (and these Terms) to us. Once an Offer Letter has been accepted by you, a legally binding Contract between you and us will be formed on the basis of these Terms and any additional information set out in our Offer Letter.
- Where there is any conflict or inconsistency between the provisions of the Offer Letter and these Terms, the provisions of the Offer Letter shall prevail to the extent of such conflict or inconsistency.
- COURSE FEES – SPECIAL ATTENTION IS DRAWN TO THIS CLAUSE
- Our Course Fees are initially referred to on our Website and shall be confirmed in the Offer Letter.
- Your payment obligations towards us depend on whether you are:
- a private, fee-paying, student;
- being sponsored to complete the Course by a third-party; or
- enrolling on the Course in connection with a scholarship that has been funded by the Department for Education.
Private Students
- You will become responsible for paying the full Course Fees immediately on acceptance of the Offer Letter and must be paid in accordance with the payment terms set out in the Offer Letter.
Sponsored Students
- You are ultimately responsible for payment of the Course Fees. Where a third-party sponsor agrees to pay the Course Fees on your behalf and they fail to do so in accordance with the payment terms set out in the Offer Letter, you will be required to pay such Course Fees should you wish to remain on the Course.
Department for Education Students
- The Course Fees will be funded directly by the Department for Education.
General
- The due date for payment of the Course Fees shall be set out in the Offer Letter.
- The Course Fees are inclusive of any applicable VAT.
- Payment of the Course Fees and any Non-Refundable Deposit shall be made to the bank account we nominate in the Offer Letter.
- If you do not pay the Course Fees and any Non-Refundable Deposit in full or on the due date(s) for payment set out in the Offer Letter, we reserve the right to refuse your enrolment on the Course and terminate the Contract. We may also take legal action against you to cover any unpaid amount, together with interest at a rate of 2% above the Bank of England’s base rate from time-to-time. This interest accrues on a daily basis from the due date for payment until the date of actual payment of the overdue amount, whether before or after judgment. You will be required to pay us the interest together with any overdue amount.
- CANCELLATION RIGHTS – SPECIAL ATTENTION IS DRAWN TO THIS CLAUSE
- You have a 14-day statutory cancellation period starting on the day after the day the Contract between us is formed (Statutory Cancellation Period) during which you can change your mind and decide that you no longer wish to study on the Course.
- If you decide to change your mind during the Statutory Cancellation Period you will, subject to clause 8.4, be entitled to receive a refund of any Course Fees that you have paid. Any refund will be made by us within 14 days of your cancellation to the bank account that you nominate in writing to us.
- To cancel the Contract, you can either complete the Cancellation Form contained in Schedule 1 to these Terms or otherwise notify us in writing in accordance with clause 1.5, above.
- In some circumstances, either the Start Date for your Course or the timetable during which you must complete Initial Learning Activities (see clause 9, below) may commence before the end of the Statutory Cancellation Period. Where this is the case, you expressly agree that we will start performing our obligations under the Contract during the Statutory Cancellation Period. If, once we have started the performance of our obligations but during the Statutory Cancellation Period, you decide to change your mind, you will be liable for paying a proportion of the Course Fees to cover the period during we performed our obligations.
- You may still change your mind outside of the Statutory Cancellation Period, but you will not be entitled to receive a refund of any Course Fees or Non-Refundable Deposit that you have made.
- INITIAL LEARNING ACTIVITIES
- You may be required to undertake and complete a pack of self-study materials that we set prior to the Start Date (Initial Learning Activities), which are intended to prepare you for the Course and familiarise you with the tools you will be required to use.
- There will not be an opportunity to recomplete or otherwise substantively review the Initial Learning Activities again during the Course. It is our expectation that the Initial Learning Activities will be fully and accurately complete before the Start Date.
- Where you fail to successfully complete the Initial Learning Activities 7 days prior to the Start Date, we may at our discretion:
- require you to reattempt the Initial Learning Activities; or
- cancel your place on the Course.
- Where your place on the Course is cancelled in accordance with clause 9.3.2, we will refund a pro-rata amount of the Course Fees that have been paid by you. The total refund we make shall be at our discretion, but in making any refund we will take into account the obligations that we have already performed, as well as the engagement and effort you displayed when completing the Initial Learning Activities.
- COURSE ATTENDANCE AND DELIVERY METHODS
- You acknowledge that our Courses are intensive and require attendance (either physically or digitally, dependent on the Course) and engagement by you in order to ensure their successful completion.
- Our Courses do not run on bank holidays, and we are closed throughout the period starting on Boxing Day and ending on New Years Day. Any Course that is in flight during this period will be extended by the equivalent missed days in the subsequent year. If your Course runs during the above period, we will make you aware of any closure dates.
- You acknowledge that we may from time to time and in our absolute but reasonable discretion, elect to either:
- change the location (within the relevant city or regional area) of the campus or premises from which the Course may be delivered; and/or
- deliver the Course and associated teaching support remotely,
including, without limitation, in circumstances where we consider it reasonable to do so in the best interests of the health, safety, physical and/or mental wellbeing of our students, faculty members and support staff or otherwise due to events outside of our control (as defined in clause 15.1).
- We will use all reasonable endeavours to deliver our Courses in accordance with their Curriculum. However, we shall be entitled to make reasonable changes to the Curriculum (including, without limitation, the syllabus and structure of the Course) where we reasonably consider that the Course will be improved as a consequence. We will use our reasonable endeavours to Curriculum amendments to a minimum and notify you of those amendments before they come into effect. You have a right to object to any material amendments to the Curriculum.
- Notice of changes under clause 10.3 and clause 10.4 will be provided through the Slack System.
- You agree that it shall be your responsibility to check the Slack System before 9am on a daily basis to stay informed of any delivery method changes. We will use our reasonable endeavours to provide as much notice as practicable of any changes in delivery methods and minimise any disruption that any such changes may cause. Course content that is delivered remotely may be delivered as either live or pre-recorded broadcasts and will be made available online or by video-link.
- We take attendance on our Courses seriously and reserve the right to terminate your place on the Course should your attendance drop below our reasonable standards. You agree to keep any absence to an absolute minimum and, unless prevented by extreme circumstances, shall be required to obtain prior consent from your Tutor. We will have no automatic obligation to refund any Course Fees to you where we exercise our right under this clause. Any such refund shall be made at our absolute discretion.
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- YOUR CONDUCT
- In enrolling on one of our Courses, you confirm that your aim is to improve your material circumstances, whether that is through improving your role in an existing career or seeking a new career in a different industry.
- To achieve this, you confirm that you will engage with the Course, our careers advisors and mentors, and that attend interviews (or similar events) when they have been arranged for you .
- Throughout the Course, where required, you also confirm that you will pair program with other students on the Course and members of our teaching team regardless of age, disability, gender reassignment, marital or civil partner status, pregnancy or maternity, race, colour, nationality, ethnic or national origin, religion or belief, sex or sexual orientation.
- Without limiting your obligations under clause 11.3, you agree to comply at all times with our Code of Ethics.
- We have the right to either suspend and/or expel you from the Course in the event that you breach this clause 11 and/or the Code of Ethics either materially or repeatedly.
- YOUR CONDUCT
- PERFORMANCE STANDARDS
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- In rare circumstances, and despite all our best efforts, some students struggle to adjust to the pace and demands of our Courses, and we may decide at our absolute but reasonable discretion that their performance is not to the standard that is required to successfully complete our Courses. In such circumstances, we may require you to leave the Course or allow you to defer your place on the Course until the following year (during this period of time it is our expectation that you will take steps to ensure your suitability for the Course).
- In the first few weeks of the Course and at such other times as we may reasonably elect, we will carry out a review of the materials you have completed by that point. We reserve the right to require those who do not demonstrate sufficient progress to leave the Course after such review.
- Where we require you to leave the Course under this clause 12, the Contract between you and us will come to an end and we will refund a pro-rata amount of the Course Fees that have been paid by you. The total refund we make shall be at our discretion, but in making any refund we will take into account the obligations that we have already performed, as well as the engagement and effort you displayed towards the completion of the Course.
- COMPLAINTS
- We take complaints relating to us, our Courses, tutors and other students very seriously. Any complaint should initially be raised with your Course tutor who will investigate the facts giving rise to the complaint and provide their feedback and, where circumstances dictate, propose a resolution to you. If the matter is not resolved after taking such action, or if your complaint concerns your tutor, then you are entitled to raise the complaint with our Chief Operating Officer by contacting [email protected].
- If a complaint is raised about you and we find that complaint to be valid, where that complaint amounts to a breach of these Terms or the Code of Ethics, we may cancel your place on the Course.
- This clause does not limit or exclude your statutory rights.
- INTELLECTUAL PROPERTY RIGHTS – SPECIAL ATTENTION IS DRAWN TO THIS CLAUSE
- We or our licensors own all Intellectual Property Rights in the Course Materials. At no time will ownership of such Intellectual Property Rights pass to you.
- Provided that you remain enrolled on the Course and you have fully paid applicable Course Fees, we shall provide you with a personal licence to use the Course Materials for the sole purpose of assisting with your completion of the Course. You may not use the Course Materials for any other purpose and, if you do, it may constitute a material breach of the Contract.
- If, whilst studying on the Course, you create Intellectual Property Rights (Created IPRs), the default position is that those Created IPRs will be owned by you.
- You hereby grant us a non-exclusive, irrevocable, perpetual and royalty-free licence (including the right to sublicense) to use all Created IPRs in order for us to advertise and market our Courses.
- The exception to this default position is that you may, as part of the Course, be engaged to carry out software and other technology development services for third parties to demonstrate the skills that you have developed throughout the Course. In these circumstances, you agree that all Intellectual Property Rights that you develop shall be automatically assigned to us so that we can in turn licence or otherwise assign them to the relevant third party. You also agree to irrevocably all moral rights which you may at any time in the future be entitled to under the Copyright, Designs and Patents Act 1988 in favour of us, the relevant third party and our collective licensees, successors and assigns.
- EVENTS OUTSIDE OF OUR CONTROL
- For the purposes of this clause 15, references to “events outside of our control” means any circumstance not within our reasonable control including, without limitation:
- acts of God, flood, drought, earthquake or other natural disaster;
- epidemic or pandemic;
- terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
- nuclear, chemical or biological contamination or sonic boom;
- any law or any action taken by a government or public authority;
- collapse of buildings, fire, explosion or accident;
- any labour or trade dispute, strikes, industrial action or lockouts;
- non-performance by suppliers, subcontractors or consultants that we engage; and
- interruption or failure of utilities or telecommunications services.
- We will use our reasonable endeavours to put appropriate measures and precautions in place to mitigate the likelihood of events outside of our control adversely affecting the Contract.
- Provided that we comply with clause 15.4, if we are prevented, hindered or delayed in or from performing any of our obligations under the Contract by an event outside of our control, we will not be in breach of the Contract or otherwise liable for any such failure or delay in the performance of such obligations. The time for our performance of such obligations shall be extended accordingly. A practical example of this may be that an event outside of our control impacts our ability to provide the Course on a certain date or time or at a particular location.
- Where we are affected by an event outside of our control, we shall:
- as soon as reasonably practicable after the start of the event outside of our control, notify you of it and the effect of it on the performance of our obligations under the Contract; and
- use reasonable endeavours to mitigate the effect of the event outside of our control on the performance of our obligations under the Contract. As described further in clause 10, this may include rescheduling the Course or holding in-person events at a different location. You agree that you will not unreasonably withhold or delay your agreement to any mitigation steps we put in place to ensure we can continue to provide the Course when an event outside of our control takes place.
- If, due to an event outside of our control, we are unable to provide the Course for a continuous period of more than 2 months, either you or we may terminate the Contract by giving the other 2 weeks’ written notice.
- For the purposes of this clause 15, references to “events outside of our control” means any circumstance not within our reasonable control including, without limitation:
- OUR LIABILITY TOWARDS YOU – SPECIAL ATTENTION IS DRAWN TO THIS CLAUSE
- Nothing in these Terms attempts to limit or exclude liability for:
- death or personal injury caused by negligence;
- fraud or fraudulent misrepresentation; or
- any matter in respect of which it would be unlawful to exclude or restrict liability.
- If we fail to comply with the Contract, we may be responsible for loss or damage you suffer that is a foreseeable result of our breaking the Contract. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, it was clear to both you and us that it might happen.
- We are not responsible for loss that you suffer where the loss is:
- unexpected, where it is not obvious that it would happen and nothing you said to us before we entered into the Contract means that we should have expected it (these losses are unforeseeable);
- caused by an event outside of our control, provided that we take the steps set out in clause 15;
- avoidable by you;
- business losses. Enrolment on our Course is suitable for Consumers and, as a consequence, we cannot be liable for any loss suffered in connection with your trade, business, craft or profession; or
- caused by you, such as, for example, where you fail to comply with these Terms or your other obligations under the Contract (including, without limitation, your obligations relating to attendance, conduct and performance standards).
- Nothing in these Terms attempts to limit or exclude liability for:
- CONFIDENTIALITY
- You may, whilst you are enrolled on the Course (in particular, where you are engaged by third parties to carry out software development and other technology development services), be exposed to confidential information concerning the business, assets, affairs, customers, clients or suppliers of Northcoders,
- You agree that you may only use or otherwise disclose our confidential information:
- for the purpose of your studies in connection with the Course; and
- otherwise as may be required by law, a court of competent jurisdiction or any governmental or regulatory body.
- Whilst clause 17.1 and clause 17.2 set out your general duties in relation to our confidential information, where you are engaged by third parties to carry out software development and other technology development services either we or the third party in question may require that you provide separate confidentiality undertakes which operate independently of these Terms and the Contract.
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- DATA PROTECTION
For information on how we will process your personal data, please review our Privacy Policy, which is available at: https://northcoders.com/privacy-and-cookies/
- TERMINATION BY US – SPECIAL ATTENTION IS DRAWN TO THIS CLAUSE
- We may terminate the Contract and remove you from the Course by giving you immediate written notice where:
- your Application contains any false, misleading or incomplete information;
- you (or any sponsor) fail to pay the Course Fees on the due date for payment and remain in default for a period of 10 days (in this circumstance, we also have the alternative right at our discretion to suspend your place on the Course until payment has been made);
- in the circumstances provided in clauses 9.3.2, 11, 12 and 15.5;
- a complaint is made about you which leads to your removal from the Course under clause 13.2;
- you commit a material breach of any other obligation that you have towards us in these Terms that isn’t remediable by you; or
- you commit repeated breaches of these Terms or the documents referred to in them.
- Where we exercise our right to terminate under clauses 19.1.1, 19.1.2, 19.1.4, 19.1.5 or 19.1.6 you shall be required to delete or otherwise irrevocably destroy (at our election) all Course Materials that are in your possession, custody or control.
- GENERAL
- The Contract (these Terms, documents referred to in them and the Offer Letter) constitutes the entire agreement between you and us and replace all previous agreements, promises, assurances and understandings between you and us in relation to the Contract.
- We may assign, sub-contract or delegate our rights and obligations under the Contract and these Terms to a different organisation in the Northcoders group of companies. We will notify you in writing if this happens and will ensure that the transfer won’t affect your rights under the Contract. Your place on the Course is non-transferrable.
- Provided that we may amend these Terms at any time before a Contract between you and us is formed, any amendments to these Terms once a Contract has been formed shall only be effective if they are agreed in writing between you and us.
- The Contract can only be enforced by you or us. The Contracts (Rights of Third Parties) Act 1999 shall not apply to the Contract.
- If any provision of the Contract is held to be void or unenforceable in whole or in party by any court or other competent authority, the remainder of the Contract shall continue to apply.
- These Terms and the Contract shall be governed by and construed in accordance with the laws of England and Wales. Both you and we submit to the exclusive jurisdiction of the courts of England and Wales to determine any dispute arising out of or in connection with these Terms and the Contract. If you are based in Scotland, both you and we can also bring claims before the Scottish courts.
Schedule 1 – Model Cancellation Form
To Northcoders Limited (CRN: 09912193) of Manchester Technology Centre, Oxford Road, Manchester, England, M1 7ED:
I hereby give notice that I cancel my contract with you in connection with my enrolment on your technology bootcamp entered into on [DATE]
Name of student:
Address of student:
Signature of consumer(s) (only if this form is notified on paper):
Date: